88R4263 BEF-F
By: Johnson S.B. No. 965
A BILL TO BE ENTITLED
AN ACT
relating to maintenance and production of electronic public
information under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.002(a-2), Government Code, is
amended to read as follows:
(a-2) The definition of "public information" provided by
Subsection (a) applies to and includes:
(1) any electronic communication created,
transmitted, received, or maintained on any device if the
communication is in connection with the transaction of official
business; and
(2) a data dictionary or other indicia of the type or
category of information held in the applicable field of a database,
other than metadata that directly implicates database security.
SECTION 2. Subchapter E, Chapter 552, Government Code, is
amended by adding Section 552.2285 to read as follows:
Sec. 552.2285. ELECTRONIC PUBLIC INFORMATION. (a) In this
section "electronic public information" means public information
that is produced and maintained in an electronic spreadsheet or
database that is searchable or sortable.
(b) The use of an electronic recordkeeping system by or for
a governmental body may not erode the public's right of access to
public information under this chapter. The contents of electronic
public information, including information covered by Section
552.002(a-2), is significant and not merely used as a tool for the
maintenance, manipulation, or protection of property.
(c) If a request for public information applies to
electronic public information and the requestor requests the
electronic public information in a searchable or sortable format,
the person responding to the request shall provide an electronic
copy of the requested electronic public information in the
searchable or sortable format requested using computer software the
person uses in the ordinary course of business to access, support,
program, manipulate, or otherwise manage the governmental body's
information. If the requestor prefers, the person responding to
the request shall provide a copy of electronic public information
in the form of a paper printout.
(d) A person responding to a request for public information
may not:
(1) refuse to provide a copy of electronic public
information on the grounds that exporting the information or
redacting excepted information will require searching, sorting, or
filtering the information with computer software used by the person
in the ordinary course of business to access, support, or otherwise
manage the governmental body's information; or
(2) charge the requestor for searching, sorting, or
filtering the information as provided by Subdivision (1).
(e) A requestor may request that a copy of electronic public
information be provided in the format in which the information is
maintained by or for the governmental body or in a standard export
format such as a flat file electronic American Standard Code for
Information Interchange (ASCII) if the computer programs used by or
for the governmental body support exporting the information in that
format. The person responding to the request shall provide the copy
in the requested format or in another format acceptable to the
requestor. The person responding to the request shall provide the
copy through an electronic transfer such as electronic mail or an
electronic drop box if possible, or otherwise on suitable
electronic media.
(f) If electronic public information is maintained in a
format that is:
(1) searchable but not sortable, the person responding
to the request shall provide an electronic copy of the information
in a searchable format that complies with this section; or
(2) sortable, the person responding to the request
shall provide an electronic copy of the information in a sortable
format that complies with this section.
(g) Each party to a contract for the creation and
maintenance of electronic public information by or for a
governmental body shall use reasonable efforts to ensure the
contract does not impair the public's ability to inspect or copy the
information or make the information more difficult for the public
to inspect or copy than records maintained by the governmental
body.
(h) This section applies to public information for which a
third party is the custodian for the governmental body.
(i) This section does not affect the applicability to
electronic public information of a confidentiality provision or
other exception from required disclosure.
(j) Subchapter F applies to an electronic copy or paper
printout of electronic public information.
SECTION 3. Section 118.011(e), Local Government Code, is
amended to read as follows:
(e) A county clerk who provides a copy in a format other than
paper of a record maintained by the clerk shall provide the copy and
charge a fee in accordance with Section [Sections 552.231 and]
552.262, Government Code.
SECTION 4. Section 552.231, Government Code, is repealed.
SECTION 5. The changes in law made by this Act apply only to
a request for public information received on or after the effective
date of this Act.
SECTION 6. This Act takes effect September 1, 2023.